Bronson Park protesters agree to not sue Kalamazoo, others face trial

KALAMAZOO, MI -- Protesters who faced misdemeanor charges agreed not to sue the city of Kalamazoo for alleged constitutional rights abuses in exchange for having their charges dismissed while others seek to argue their cases before a jury.

Charges against five defendants arrested on Sept. 19, 2018, for violating a police barrier established in Bronson Park were dismissed by City Attorney Clyde Robinson. Documents obtained by MLive/Kalamazoo Gazette show Brittany Boydston, Chad Lassiter, Shamonte Moreno, Chris Wahmhoff and Ricky Woolfork Jr., signed individual settlement agreements, which state they will not sue the city for constitutional violations and for damaged, destroyed or confiscated property.

Protesters retained Ann Arbor attorney Denise Heberle last summer to prepare a lawsuit against the city of Kalamazoo, alleging violations of their constitutional rights. The complaint has not been filed as of Jan. 10.

“While they may have been attempting to exercise their First Amendment right, the encampment was a violation of city rules against camping in the park,” Robinson said. “If they wanted to occupy the park during open hours that would be different, but they were camping overnight ... This was not just putting on a display to call the community’s attention to the plight of the homeless, this was an encampment that violated park rules.”

A message left for Heberle was not returned Thursday.

During the protest, leaders of the encampment argued the First Amendment guarantees their right to occupy Bronson Park as part of a protest, while the Eighth Amendment’s prohibition on cruel and unusual punishment bars a city from criminally prosecuting people for sleeping on public property when no alternative shelter is available to them.

Robinson said the U.S. Supreme Court has ruled cities are within their right to place time, place and manner restrictions on protests. He cited a 1982 case in which the court found rules against camping or overnight sleeping in public parks can be enforced during a protest.

“We don’t believe we violated anybody’s rights," Robinson said. “They were given notice to move the encampment and they didn’t ... The rule is against camping. When they call themselves an encampment how can you say you’re not camping?"

Wahmhoff was arrested for not leaving the park after three warnings announced the police zone was in effect. He was backpedaling from the Rotary Stage to exit the park while recording police when he was arrested, according to documents obtained through the Freedom of Information Act.

Wahmhoff, who mounted a campaign for mayor as a write-in candidate in 2016, said the city violated the constitutional rights of protesters. He said he accepted the settlement because he couldn’t afford to hire a lawyer or lose his job.

“One hundred percent I think they did and they know that, that’s why they offered the settlement on the specific grounds of suing,” Wahmhoff said. "It’s just unfortunate some of the folks are at such a level of survival mode they really don’t have a choice (but to accept the settlement).”

Police assembled in Bronson Park in the early morning hours of Sept. 19, 12 hours after a deadline set by City Manager Jim Ritsema, who had said protesters who stayed would be subject to a citation and arrest for trespassing.

Officers arrested 10 people for violating the police line, one for resisting and obstructing police and three people on outstanding warrants. Police also issued citations to people who remained in tents that morning.

Lt. Scott VanderEnde described the enforcement as “an operation to clear out Bronson Park so that the park could be cleaned and remediated back to a sanitary condition.” The encampment grew over the course of a month to include just under 100 tents, a makeshift cafeteria and kitchen, a first aid station and a donation drop-off station.

A press release issued by Ritsema on Sept. 18 states “the limited source of potable water and the absence of sanitary and safe food preparation facilities raise legitimate public health and welfare concerns, requiring the city to request voluntary compliance with its ordinances” prohibiting camping in parks.

Four defendants and Heberle did not appear in Kalamazoo County 8th District Court for a jury trial scheduled for Thursday, Jan. 10. Judge Anne Blatchford issued bench warrants for each of the defendants and ordered Heberle return to court to explain her absence while a new trial date is being set.

“Approximately five minutes ago I asked my staff, after numerous times of looking through the building for these individuals and being unable to find them, to contact defense council," Blatchford said Thursday morning. “They were just able to reach defense counsel who apparently wasn’t aware, somehow, that today was her court-date and/or mis-calendared it.”

Blatchford said the court notified defendants Barbara Hymel, Patrick White, Mento Matthews and Andre Lee of the Jan. 10 trial date. If convicted, they face up to 90 days in jail or fines up to $500.

Assistant City Attorney Sarah Wemzlick prepared a handful of witnesses from the Kalamazoo Department of Public Safety to testify in the planned jury trial Thursday. She did not provide the number of witnesses she planned to call.

The city of Kalamazoo spent almost $17,000 to end the month-long tent protest and repair damage to Bronson Park.

The protest began on Aug. 19 in response to proposed city ordinance changes, which would lessen penalties for sleeping and camping in parks but were seen as a way to punish people for being homeless. A series of demands sought more emergency shelter space and resources to address the physical, emotional and mental health of people on the streets.

Sykes-Nehring was arrested Sept. 19 after leaning on the hood of a transport van until several officers tried to remove her. She was booked at the Kalamazoo County Jail, then released with paperwork to appear at an Oct. 3 arraignment.

According to invoices obtained through the Freedom of Information Act, the city’s public services and public safety departments spent several thousand dollars each on overtime for dozens of employees.

Other costs came from removing tents and equipment from the park after police arrested people who remained in Bronson Park the morning of Sept. 19.

Some property was returned to people after they were released from custody, while other items went unclaimed. Heavy equipment was used to break down tents and load items.